(810 ILCS 5/8-404) (from Ch. 26, par. 8-404)
Sec. 8-404.
Wrongful registration.
(a) Except as otherwise provided in Section 8-406, an issuer is
liable for wrongful registration of transfer if the issuer has registered a
transfer of a security to a person not entitled to it, and the transfer was
registered:
(1) pursuant to an ineffective indorsement or |
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(2) after a demand that the issuer not register
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| transfer became effective under Section 8-403(a) and the issuer did not comply with Section 8-403(b);
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(3) after the issuer had been served with an
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| injunction, restraining order, or other legal process enjoining it from registering the transfer, issued by a court of competent jurisdiction, and the issuer had a reasonable opportunity to act on the injunction, restraining order, or other legal process; or
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(4) by an issuer acting in collusion with the
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(b) An issuer that is liable for wrongful registration of transfer
under subsection (a) on demand shall provide the person entitled to the
security with a like certificated or uncertificated security, and any payments
or distributions that the person did not receive as a result of the wrongful
registration. If an overissue would result, the issuer's liability to provide
the person with a like security is governed by Section 8-210.
(c) Except as otherwise provided in subsection (a) or in a law
relating to the collection of taxes, an issuer is not liable to an owner or
other person suffering loss as a result of the registration of a transfer of a
security if registration was made pursuant to an effective indorsement or
instruction.
(Source: P.A. 89-364, eff. 1-1-96.)
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